The BC Civil Liberties Association announced today it has filed a lawsuit in the BC Supreme Court against the Communications Security Establishment Canada claiming that its broad and unchecked surveillance of Canadians is unconstitutional.

“The BCCLA lawsuit claims that the Communications Security Establishment Canada otherwise known as CSEC is engaged in illegal surveillance in Canada,” Caily DiPuma, staff lawyer for the BCCLA told a press conference in Vancouver.

The BCCLA is calling for judicial control over CSEC’s surveillance practices.

Judicial control is constitutionally mandated in Canada…this isn’t open to debate,” said David Martin, a lawyer for the BCCLA.

The lawsuit concerns both the interception of communications between Canadians and people outside the country and the collection of metadata that can deliver such information as the location of cell phones, web sites visited and other data.

DiPuma said all CSEC needs to intercept communications with people outside of Canada is permission from the minister of national defence.

“Right now CSEC can read Canadian emails, intercept text messages and intercept phone communications when they are communicating with someone outside the country,” she said. “…CSEC can legally eavesdrop on Canadians.”

Joe Arvay, lawyer for the BCCLA, told reporters that when there are “no effective checks on the spy it is obvious the spy will engage in espionage that goes far beyond” what would be permitted if judicial permission had to be obtained.

He said such a regime also constitutes a serious infringement of Canadians’ freedom of expression.

“Such untrammeled spying will cause Canadians to censure themselves on matters that are perfectly legal,” he said.